Schiphol noise violations continue amid weak enforcement
Despite regularly violating noise regulations since 2015, Amsterdam's Schiphol Airport continues to avoid penalties for causing excessive noise pollution. The Dutch Transport and Environment Inspectorate (ILT) has repeatedly allowed the airport to bypass legal limits, and in 2023, the rules were relaxed even further, sparking concern among experts about the growing leniency.
The regulations, initially introduced in 2013 by the Rutte II government, were intended to reduce the noise impact on surrounding residents by steering aircraft away from populated areas. However, these rules have not been legally formalized, and since 2015, the ILT has been instructed to overlook certain noise excesses if Schiphol adheres to flight routes designed to minimize disruption to communities.
But Schiphol has repeatedly ignored the guidelines, with frequent use of noisy flight paths near residential areas. In 2021, the ILT imposed penalties for these violations, but in 2023, the airport once again exceeded noise limits by 20 percent in the Uithoorn area, located under the flight path of the Aalsmeerbaan runway. Despite initial plans for sanctions, the ILT reversed course after a prolonged back-and-forth with Schiphol over interpretation of the rules.
Internal communications obtained by environmental organization Mobilisation for the Environment (MOB) revealed that ILT officials debated the enforcement of penalties but ultimately decided to let the violations slide. "If we cannot impose this penalty, we won't be able to do anything at all," one ILT official wrote in an email to the Ministry of Infrastructure and Waterways in April 2024, according to NRC. "If we don't act, tomorrow we'll have a request for enforcement from the residents (rightly so)."
Schiphol challenged the proposed sanctions, arguing that they should be allowed to continue operating under the relaxed noise rules. In July 2024, after a series of discussions, the ILT decided not to take further action, leaving Uithoorn residents with ongoing noise disturbances without consequence for the airport.
Experts, including Herman Bröring, Professor of Administrative Law at the University of Groningen, criticized the ongoing leniency. "The ILT should only tolerate violations if Schiphol is following the flight policy, but that hasn’t been the case. This is the government searching for loopholes to avoid enforcement," he said to the newspaper. Richard Neerhof, another law professor, agreed, emphasizing that the continuous relaxation of rules was unlawful.
Residents affected by the noise in nearby areas have voiced frustration with the situation. "It’s becoming increasingly difficult to trust the government," Bröring noted, questioning what protections, if any, residents can rely on in the future.
The ILT defended its actions, saying it had no choice but to continue tolerating the violations due to the lack of adequate legal protections for those impacted by Schiphol’s noise. The inspectorate has long called on the government to address the issue, as residents are currently insufficiently protected.
The current situation, which has persisted for nearly a decade, has been exacerbated by delays in formalizing the flight policy and noise regulations in law. The Ministry of Infrastructure and Waterways has been working on a legal framework since 2013, but it has faced setbacks due to Schiphol’s prolonged absence of a valid environmental permit. The permit, granted in September 2023, has been contested by environmental groups and remains in a fragile legal state, further delaying progress.
In December 2023, Minister Mark Harbers of Infrastructure and Waterways instructed the ILT to continue tolerating the violations "until further notice." Legal experts have raised concerns that such an indefinite extension violates legal principles, as tolerance is only meant to be temporary until a clear legal solution is in place.
Earlier this year, the District Court of The Hague ruled that residents near Schiphol are not adequately protected from noise pollution. The court found that the government has consistently prioritized the interests of Schiphol over the rights of local residents. The ruling mandated the government to enforce existing noise regulations within 12 months.
However, the government has not acted on the court's decision. In December, Minister Madlener announced that Schiphol would be allowed to operate even more flights in 2024 than previously permitted, reversing goals for reducing noise. The ILT had previously indicated that the airport could handle a maximum of 420,000 to 460,000 flights per year under current regulations, but recent data suggests the airport could accommodate only around 400,000 flights legally. In 2024, Schiphol is expected to exceed 470,000 flights, and under Madlener’s new decision, the airport will be permitted to increase this number by 8,000.
Environmental groups are challenging the government’s decision, asserting that the ruling should be enforced. They argue that as long as the government’s appeal is pending, it is unlikely they will be able to force compliance with the court’s ruling.
